By rdnewsNOW staff

no wrongdoing by police, says watchdog

ASIRT concludes investigation into Red Deer police dog bite incident in November 2020

Sep 11, 2024 | 12:09 PM

The Alberta Serious Incident Response Team (ASIRT) has concluded its investigation into a November 2020 incident involving a suspect being bitten by a police dog.

The investigation concluded that the police officers involved did nothing unlawful or unreasonable that would give rise to an offence.

It was about 11:35 p.m. on Nov. 15, 2020 when a Red Deer RCMP [subject] officer (SO1) observed a Chevrolet Silverado truck displaying a stolen license plate, and being driven along Jay Court in the city’s Johnstone area, an overview by ASIRT begins to recount.

SO1 attempted a traffic stop but the suspect (AP) exited the vehicle and fled on foot.

SO1 remained at the abandoned vehicle and awaited backup. Meantime, the officer found knives and tools in the truck on suspicion that the suspect was arrestable for possession of stolen property.

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A witness officer (WO) and another officer (SO2), along with his police service dog (PSD) arrived, and then both SO1 and SO2 tracked the suspect, while the WO stayed back.

SO1 and SO2 located the AP beneath a travel trailer at a home about 350 metres away from where he abandoned the truck, and told him he was under arrest. He was told to come out with hands up, but did not immediately comply, according to police.

This is when SO2 warned that he would use his service dog if the suspect didn’t come out, to which the suspect still did not immediately comply, according to police. The dog was then deployed, initially biting into the hood of the suspect’s jacket, and began pulling him out from underneath the trailer.

The suspect then swung at and struck the dog, but lost balance, flipped over, and had the hoodie pulled off by the dog, the overview continues.

The dog then re-engaged and bit the suspect’s head.

According to ASIRT: “The PSD’s lower jaw made contact to the scalp on the right side of AP’s head while the upper jaw caused a laceration to AP’s left eyebrow. SO2 immediately removed the PSD from AP. While yet to be handcuffed, SO1 moved to where AP was in a seated position on the ground. SO1 leaned over him from behind and punched AP at least three times in the back of his head with a closed fist to gain control. This stunned AP, and he was then handcuffed without further use of force.”

The suspect was taken into custody, including to Red Deer Regional Hospital for treatment, the report notes.

While at hospital, it was determined the dog bite had caused an open fracture of the left supraorbital rim and frontal sinus and a large laceration to his scalp.

In an interview police conducted with the AP a couple days later, the AP recounted how he was the passenger in a vehicle just before fleeing police, and then had been pulled over, but weren’t sure why.

He admitted to knowing that he was in violation of an 11 p.m. probation-related curfew order, which is why he eventually fled.

The AP claimed he’d fallen asleep under the trailer and was complying when told to get out, which is when the dog latched on and he fought back.

Though he also noted being punched, “five to six times,” by the officer, he said they didn’t cause him injury, and that it was only the dog that had hurt him.

ASIRT continues: “He said he was treated unfairly by police. He alleged the police did not give him a chance to come out from underneath the trailer voluntarily. The dog latched onto him immediately. He said he was not resisting and his hands were fully exposed and extended as he was crawling out. He had no weapons with him.”

Later follow-up with the AP found he was suffering from reoccurring migraines, and numbness around his left eye and top of his head. He also claimed a trauma-induced fear of dogs.

“Under s. 25 of the Criminal Code, a police officer, is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so,” ASIRT further concludes.

“While the use of the PSD did result in AP suffering some significant injuries, this was an unfortunate and unintended consequence of a lawful use of force. The respective uses of force by the subject officers was proportionate, necessary and reasonable in all of the circumstances.”

The accused in this case, whom rdnewsNOW is choosing not to name, originally faced five charges — one for obstruct/resist peace officer, one for operation while prohibited, two for failure to comply with release order, and one for possession of stolen property under $5,000.

In 2021, the man, who was 40 at the time of the incident, pled guilty and was convicted on only the count for obstruction, and was given a 24-day jail sentence. The other four counts were withdrawn.

The lengthy full report is available here.

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